Terms of Use
Welcome to the website ("Site") for Hygge Holistic LLC ("Hygge Holistic").
Access to the Site:
BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS
AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE") INCLUDING THE
PRIVACY POLICY
("PRIVACY POLICY") (COLLECTIVELY THE "TERMS") AND TO COMPLY WITH ALL
APPLICABLE U.S. LAWS AND REGULATIONS. In addition, you hereby represent and
certify that you are at least eighteen (18) years of age. If you do not or cannot agree to
the Terms, you are not authorized to use the Site or any of the services offered through
the Site. Hygge Holistic reserves the right, in its sole discretion, to update, revise,
supplement and to otherwise modify these Terms, and to impose new or additional terms
and conditions on your use of the Site from time to time. Such updates, revisions,
supplements, modifications and additional rules, policies, terms and conditions
(collectively referred to in these Terms as "Additional Terms") shall be effective
immediately and incorporated into these Terms upon notice thereof, which may be given
by any reasonable means including by posting to the Site. Your continued viewing or use
of the Site following such notice shall be deemed to conclusively indicate your
acceptance of any and all such Additional Terms.
Acceptable Use of the Site:
In order to use the Site, you must obtain access to the Internet and pay any and all
service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view, print and retain a
single copy of pages of the Site for your own internal use and not on behalf of any other
person or entities, and that you shall not duplicate, download, publish, modify, or
otherwise distribute any material on the Site for any purpose other than for your own
internal
use unless otherwise specifically authorized by Hygge Holistic in writing. Hygge
Holistic may post legal notices and various credits on pages of the Site, which you
shall not remove even in your permitted copies.
(b) Framing. You agree not to create any frames on any other web sites pertaining to or
using any of the content located at the Site for any purpose, unless specifically
authorized by Hygge Holistic in writing to do so.
(c) Security, Cracking, and Hacking. You are prohibited from violating or attempting to
violate the security of the Site. Accordingly, you agree not to: (i) access data or materials
not intended for you; (ii) log into a server or account which you are not authorized to
access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization; or
(iv) attempt to interfere with service to any user, host, or network, including without
limitation, by means of submitting a virus to the Site, overloading, "flooding",
"mailbombing", or "crashing" the Site. Violations of system or network security may
result in civil or criminal liability. Hygge Holistic reserves the right to investigate
occurrences which may involve such violations and may involve and cooperate with law
enforcement authorities in prosecuting users who have participated in such violations.
You understand that data and communications, including
e-mail and other electronic communications, may be accessed by unauthorized
third parties when communicated over the Internet.
(d) You Are Responsible For All of Your Activities and All of The Content You Post or
Submit. You represent and warrant that any information and/or material you post or
provide to Hygge Holistic by means of the Site, including, without limitation, as part of
any registration or subscription or to gain access to or use any services offered on the
Site
("Submissions"), is truthful, accurate, not misleading, not confidential property of
others, not in violation of any other third party's rights, and offered in good faith. You
agree NOT to use the Site for or in connection with any of the following activities: (i)
transmitting or relaying spam or other unauthorized or unsolicited communications,
spoofing or otherwise impersonating any person or entity, or falsely stating or
otherwise misrepresenting your identity or affiliation in any way; (ii)
using the Site for any fraudulent or illegal purpose or to encourage conduct that would
be considered fraudulent or illegal; (iii) e-mailing, uploading, or otherwise transmitting or
using the Site in furtherance of the use, distribution, or transmission of any unlawful,
harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially,
ethnically, or otherwise objectionable material of any kind; (iv) transmitting material that
contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines or engines that are intended to damage, destroy, disrupt, or
otherwise limit, interfere with, or impair a computer's functionality or the operation of
the Site or surreptitiously intercept or expropriate any system, data or information
related to the Site or any computer hardware, software or other equipment that is
owned, leased or used by Hygge Holistic; and (v) using any robot, spider, scraper or any
other automated means or device designed to provide repeated or automated access to
the Site for any purpose.
(e) Information Disclosed via the Site. IN ADDITION TO ANY OTHER WARRANTY
DISCLAIMER PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU
VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT, HEALTH CARE
PROFESSIONAL REFERRALS, PRODUCT RECOMMENDATIONS, PRODUCT
DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT
OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY,
ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR
COMPLIANCE WITH APPLICABLE LAW. HYGGE HOLISTIC ASSUMES NO
RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY ILLNESS, OR INJURY
RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE
CONTAINED ON THIS SITE OR FOR ANY HEALTH CARE PROVIDED BY ANY HEALTH
CARE PROFESSIONAL TO WHICH YOU WERE REFERRED VIA THE SITE. YOU
ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY SUPPLEMENT
PRODUCTS INVOLVES UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING,
WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION
AND RESPONSE TO
HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER
HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH RISKS AND
UNCERTAINTIES. Information on the Site is provided for informational purposes only,
does not constitute medical or
health-related advice, and is not intended to diagnose, treat, cure or prevent any
disease or health problem. Statements made on the Site have not been evaluated by
the FDA.
(f) Do Not Violate Third Party Intellectual Property Rights. Without limiting the
foregoing, you shall not, and by using the Site you agree not to use the Site to: (i)
transmit or post any Submissions that are copyrighted, unless you are the copyright
owner or have obtained the permission of the copyright owner to transmit it; (ii)
transmit or post any Submissions that reveal trade secrets, unless you own them or have
the permission of the owner to so transmit them; or (iii) transmit or post any
Submissions that infringe on any Intellectual Property Rights (as defined below) of
others or violates the privacy or rights of publicity of others.
(g)Ownership. Hygge Holistic places content on the Site for you to examine from time
to time including, without limitation, text, graphics, photographs, pictures, drawings,
animation, audio, video, literature, and any other material distributed by Hygge Holistic
on, through, or in connection with the Site. Moreover, Hygge Holistic attempts to display
the content in a way that will be easily accessible and useful for you, the user. All content
and materials on the Site including, without limitation, text, graphics, logos, button icons,
images, audio clips, and software included in the Site and any services offered on the
Site, are the property of Hygge Holistic, its sponsors, or business affiliates, and/or their
respective licensors, and are subject to U.S. and international Intellectual Property Rights
laws. The compilation of all content on the Site is the exclusive property of Hygge
Holistic (unless otherwise indicated) and is protected by U.S. and international copyright
and trademark laws. All software used on the Site is the property of Hygge Holistic or its
licensors (or licensed by Hygge Holistic) and is subject to U.S. and international
copyright laws. Except to the minimum extent otherwise expressly permitted under
copyright law, no copying or
exploitation of material from the Site is permitted except expressly in accordance with
these Terms or with the express written permission of Hygge Holistic and any other
applicable copyright owner. You acknowledge that you do not acquire any ownership
rights by virtue of downloading copyrighted material from the Site. All rights not
expressly granted hereunder are expressly reserved to Hygge Holistic.
Warranty Disclaimer:
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. Hygge Holistic
DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR-FREE, THAT EFFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE
SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR
ERROR-FREE. Hygge Holistic DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED
FROM THIS SITE BEFORE ACTING ON IT. ANY RELIANCE ON SITE CONTENT IS AT
YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, Hygge Holistic
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT,
AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE
FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. Hygge Holistic
DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING
FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES
WITH ANY
MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. HYGGE HOLISTIC CANNOT
BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES
AND/OR RELATED SERVICES NOR DOES HYGGE HOLISTIC MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION
YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
Limitation of Liability:
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT
LIMITATION, HYGGE HOLISTIC NEGLIGENCE, SHALL HYGGE HOLISTIC, ITS
AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS
(COLLECTIVELY, THE "HYGGE HOLISTICPARTIES") BE RESPONSIBLE OR LIABLE FOR
ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT,
PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT
RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR
ANY RELATED SOFTWARE, EVEN IF HYGGE HOLISTIC OR AN AUTHORIZED HYGGE
HOLISTIC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN
THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL
BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION, IN NO EVENT SHALL FMA's TOTAL LIABILITY TO YOU, OR ANYONE
CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE
EXCEED ONE HUNDRED DOLLARS ($100). IF YOU LIVE IN A STATE THAT DOES
NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY LIMITATIONS
OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE
PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY HYGGE
HOLISTIC IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE
HYGGE HOLISTIC PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM
NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES
(OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION)
SHALL BE WAIVED AND RELEASED.
Indemnification:
You shall indemnify, defend, and hold harmless Hygge Holistic and its sponsors,
business affiliates, vendors, content providers, subsidiaries, related entities, affiliates,
officers, directors, employees, attorneys, and agents, from and against any and all
damages, claims, and actions brought by you or any third party resulting from (i) your
use of the Site in violation of the Terms; (ii) your violation of law; or (iii) the
infringement by you of any Intellectual Property Rights or any publicity, contract or
privacy rights of any person or entity.
Termination:
The Terms are effective until terminated by Hygge Holistic may terminate, restrict, or
suspend all or part of your access to the Site and delete any Submissions, at any time,
in its sole discretion, without prior notice to you and without any liability to you.
Governing Law & Arbitration:
The laws of the State of California (excluding any principles of conflicts of laws) govern
your use of the Site, the services and these Terms. You agree that the parties shall
settle any claim or dispute relating to these Terms by binding arbitration in Walnut
Creek, CA under the Commercial Arbitration Rules of the American Arbitration
Association. To the fullest extent permitted by applicable law, no arbitration under
these Terms shall be joined to an arbitration involving any other party subject to these
Terms, whether through class arbitration proceedings or otherwise. Notwithstanding
the dispute resolution requirements set forth above, for any injunctive relief relating to
the access to, or use of, the Site including, without limitation, related services, you agree
and hereby submit to the exclusive jurisdiction and venue of the appropriate state or
federal courts located in Contra Costa County, California, U.S.A.
Waiver & Severability:
Furthermore, no delay or omission by Hygge Holistic to exercise any right or any
noncompliance on your part with respect to the Terms shall impair any such right or be
construed to be a waiver by Hygge Holistic. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid or unenforceable in whole or in part, such
provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability thereof in
any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided,
however, if such invalid or unenforceable provision may be modified so as to be valid and
enforceable as a matter of law, such provision will be deemed to have been modified so
as to be valid and enforceable to the maximum extent permitted by law.
Mobile Devices:
Some mobile devices may not be capable of accessing the Site in its entirety. Hygge
Holistic is not responsible or liable for any errors, inaccuracies, faults, or failures arising
from your attempts to access any portion of the Site using any mobile device.
Furthermore, you agree that you alone are responsible for all access and connectivity
charges imposed by your communications carrier in connection with your use of any
mobile device.
Copyright Agent for Claims of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act, Hygge Holistic designates the agent
below to receive notifications of claimed copyright infringement. If you reasonably
believe that your work has been copied in a way that constitutes copyright infringement,
you must provide to Hygge Holistic's designated agent all of the following information:
1. an electronic or physical signature of the owner or the person
authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the
Site;
4. your name, address, telephone number, and e-mail address;
5. a statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your
notification is accurate and that you are the copyright owner or authorized to
act on behalf of the copyright owner.
Hygge Holistic's designated agent for notification is James Melnick, who may be
contacted at:
By Phone:
501-499-4917
By Email:
james@hyggeholisticwellness.com
Contract Electronically:
You agree that the Terms, combined with your act of using the Site and/or the services
offered on or through the Site have the same legal force and effect as a written contract
with your written signature and satisfy any laws that require a writing or signature,
including any applicable Statute of Frauds. You further agree that you shall not challenge
the validity, enforceability or admissibility of the Terms on the grounds that it was
electronically transmitted or authorized. In addition, you acknowledge that you have had
the opportunity to print the Terms.
Entire Agreement:
The Terms constitute the entire agreement between you and Hygge Holistic related
to your use of the Site. Any prior agreements, representations, statements, or
negotiations with respect to the subject matter of the Terms are superseded by the
Terms. You have not relied on any representations that may have been made by
Hygge Holistic related to the Site.